THE PROBLEM · FIXED BY STEP 06

The contract is signed and estimating never read it

The scope in the contract differs from the scope that was bid, and the person who built the number finds out after the job starts.

DIRECT ANSWER

After the PM marks up the contract, a copy goes to estimating, the superintendent and business development to redline. Then the PM holds an internal meeting to confirm the scope that was bid is the scope in the contract. Three people read every contract: one for what happens if it goes legal, in arbitration or court, one for scope and one for business impact, such as the payment terms. That reading happens at the same time as the redlines and the scope meeting, before the markups go out. The PM puts the markups together, negotiates and coordinates between the two companies, and the person with signing authority executes it.

WHAT TO DO

Three moves, in order

STEP 01
Send the PM's marked up contract to estimating, the superintendent and business development to redline.
STEP 02
Hold the internal scope meeting before the markups go out, and settle that the bid scope matches the contract scope.
STEP 03
Have legal and leadership read the contract in the same window, then send it to the person with signing authority.
TRAINING

Learn this part of the job

SPM The Construction CFO publishes this course. It's a separate company from this one, and the course is on its own school site.

QUESTIONS

What owners ask

Should the estimator review the construction contract before signing?

The scope in the contract differs from the scope that was bid, and the person who built the number finds out after the job starts. After the PM marks up the contract, a copy goes to estimating, the superintendent and business development to redline. Then the PM holds an internal meeting to confirm the scope that was bid is the scope in the contract. Three people read every contract: one for what happens if it goes legal, in arbitration or court, one for scope and one for business impact, such as the payment terms. That reading happens at the same time as the redlines and the scope meeting, before the markups go out. The PM puts the markups together, negotiates and coordinates between the two companies, and the person with signing authority executes it.

Which part of the system fixes this?

The step is number 06, project management. Billing dates, change orders, and notices, written as standards that work without anyone following up on them. It's drawn from chapter 6 of CONTROL: C.F.O.S. Construction Financial Operating System.

Is this normal for my trade?

Across the 48 trades that publish a figure, net profit at $1M to $5M averages 7% after taxes. If you're well under that and this page describes your month, the two are usually the same story. The published average tells you where the pack is, and your own job costing tells you where you are, which is the number that pays payroll.

Where do I start?

Send the PM's marked up contract to estimating, the superintendent and business development to redline.

Can I fix this without touching anything else?

You can try, and it doesn't hold. Step 06 depends on step 04, estimating system. Install it ahead of that and it produces numbers the field won't trust, which is worse than the problem you started with.

AUTHOR
Josh Luebker
JOSH LUEBKER
MASTER ELECTRICIAN · 150+ PROJECTS · $2.1B+ MANAGED

Wrote CONTROL, the 8 step system behind these figures. More about the author.

Updated

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